For purposes of this chapter, the following words have the following meanings:

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

"Adversely Affected Person" means the applicant, property owner, or any other person, organization, association, entity, or city official who has appeared before the Historic Conservation Board personally, by representative, or in writing on a matter affecting such party, or who has attended a pre-hearing conference on a matter affecting such party.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

"Alteration" means a material change to the exterior of a Historic Asset, and/or a material change in the interior of a Historic Asset when and to the extent that its interior features are specifically included in the historic designation to which it is relevant or when such change to the interior threatens the structural integrity of the Historic Asset. In addition to the foregoing, alterations shall also include improvements to any property within a Historic District, including, but not limited to, construction of any building, fence, or other permanent structure, including infill development, and changes to a Historic Site other than to Historic Structures, where the character of a Historic Site is materially altered by excavation, earthwork, tree removal, or the introduction of objects or improvements.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

A "Certificate of Appropriateness" means a certificate issued by the Historic Conservation Board or Urban Conservator, as applicable, indicating that a proposed alteration or demolition is in accordance with the provisions of this chapter

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

"Demolition" means any act or process that razes, removes, or destroys, in whole or in part a Historic Asset or non-contributing structure, or the substantial deterioration of a Historic Asset or non-contributing structure.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

"Historic Asset" includes the following: (i) a Historic Structure within a Historic District; (ii) a Historic Landmark; or (iii) a Historic Site.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

"Historic District" means an identifiable area comprised of two or more parcels and containing two or more Historic Assets typical of one or more eras in the city's history, or representing an assemblage of structures important to the city's history that is designated as such pursuant to the provisions of this chapter.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

"Historic Landmark" means a Historic Structure or Historic Structures located on a single parcel or contiguous parcels that is designated as such pursuant to the provisions of this chapter.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

"Historic Significance" means: (a) the attributes or characteristics of a district, site or structure that possess integrity of location, design, setting, materials, workmanship, feeling and association; (b) a district, site or structure that is associated with events that have made a contribution to the broad patterns of our history; (c) a district, site or structure that is associated with the lives of persons significant in the past; (d) a district, site or structure that embodies the distinctive characteristics of a type, period or method of construction; (e) a district, site or structure that represents a significant and distinguishable entity whose components may lack individual distinction; or (f) a district, site or structure that has yielded, or may be likely to yield, information important in prehistory or history.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

"Historic Site" means real property on which a Historic Structure is located or on which there is no structure but that is itself of Historic Significance and that is designated as such pursuant to the provisions of this chapter.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

"Historic Structure" means an improvement to real property that has Historic Significance.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

A "Non-Contributing Structure" is a structure located within a Historic District or Historic Site, or that is associated with a Historic Landmark, that does not have Historic Significance.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

The specific purposes and intent of the provisions of this chapter are as follows:

(a)

Historic preservation;

(b)

To promote the public health, safety and welfare;

(c)

To foster the beauty of the city;

(d)

To stabilize and increase property values;

(e)

To strengthen the local economy;

(f)

To maintain and enhance the distinctive character of historic buildings and areas;

(g)

To safeguard the heritage of the city by preserving districts and landmarks which reflect elements of its history, architecture, archaeology, engineering or culture;

(h)

To protect and enhance the city's attractions to current and prospective residents, businesses and tourists;

(i)

To facilitate reinvestment in and revitalization of certain districts and neighborhoods;

(j)

To facilitate and encourage economic development, public and private investment, and tourism in the city;

(k)

To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment; and

(l)

To maintain the historic urban fabric of the city.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

The following provisions are for the administration of the regulations set forth in this Chapter 1435.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

Except as otherwise provided in Section 1435-11 and Section 1435-05-7 below, all regulations of the underlying zone districts and other applicable overlay districts apply to and control property in a Historic District or for a Historic Asset; provided, however, that in the case of conflict between the provisions of the underlying zone district, other applicable overlay districts, and the regulations of Chapter 1435, the provisions of this Chapter 1435 shall govern.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012; a. Emer. Ord. No. 199-2024, § 2, eff. 7-1-2024)

The position of Urban Conservator is established pursuant to Article XXI, §4 of the City of Cincinnati Administrative Code. The Urban Conservator has the duty to administer the city's historic preservation regulations; maintain and administer the city's historic inventory and conservation guidelines; and review and consider the appropriateness of alterations and demolitions of the city's historic assets and properties located within historic districts, which includes the duty to facilitate the processing of certificates of appropriateness.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012; Emer. Ord. No. 141-2015, § 46, eff. July 1, 2015)

The Historic Conservation Board is established pursuant to Article XXX, §4 of the City of Cincinnati Administrative Code. In addition to its duties in this Chapter 1435, the Board shall work with city departments and assist departments in recommendations to Council on methods of financing public improvements in Historic Districts if those improvements require additional expenditures as a result of historic design. Any such recommendation shall be advisory only and shall not be binding or appealable by any party. All interested city departments may likewise consult with the Urban Conservator.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012; Emer. Ord. No. 141-2015, § 47, eff. July 1, 2015)

Whenever an application is made for a variance, special exception or conditional use relating to property wholly or partially located within a Historic District or involving a Historic Asset, the Historic Conservation Board exercises the authority granted to the Zoning Hearing Examiner in Chapter 1445 of the Cincinnati Zoning Code. In such cases, the provisions of Chapter 1445, where not inconsistent with the provisions of this chapter, apply to the exercise of the authority prescribed therein.

The Historic Conservation Board may grant such conditional use or special exception or variance from the regulations when it finds such relief from the literal implication of the Zoning Code will not be materially detrimental to the public health, safety, and welfare or injurious to property in the district or vicinity where the property is located and either:

(a)

Is necessary and appropriate in the interest of historic conservation so as not to adversely affect the historic architectural or aesthetic integrity of the Historic District or Historic Asset; or

(b)

Is necessary where the denial thereof would result in a deprivation of all economically viable use of the property as viewed in its entirety. In making such determination, the Historic Conservation Board may consider the factors set forth in Section 1435-09-2(aa)—(ff) below.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

Any Adversely Affected Person may appeal a decision of the Historic Conservation Board or the Urban Conservator, as applicable, made under this Chapter 1435 to the Zoning Board of Appeals pursuant to Zoning Code Chapter 1449. Notwithstanding anything to the contrary contained in this Chapter 1435 or Chapter 1449, all appeals of certificates of appropriateness shall be to the Zoning Board of Appeals pursuant to Section 1449-01(b).

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

If any portion of this Chapter 1435 shall be held to be unconstitutional or invalid by any court of competent jurisdiction, such holding or decision shall not affect or impair the validity of this Chapter 1435 as a whole or any other part thereof.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

Within designated historic districts, setback and height regulations as prescribed by the underlying zoning district regulations shall not apply. The height and setbacks of structures within historic districts must substantially conform to the applicable Historic District guidelines.

(Ordained by Emer. Ord. No. 199-2024, § 1, eff. 7-1-2024)

(a)

For purposes of this Chapter 1435, a structure or group of structures may be deemed as having Historic Significance if it has at least one of the following attributes:

(1)

Association with events that have made a significant contribution to the broad patterns of our history; or

(2)

Association with the lives of persons significant in our past; or

(3)

Embodies the distinctive characteristics of a type, period, method of construction or that represent a significant and distinguishable entity whose components may lack individual distinction; or

(4)

That has yielded, or may be likely to yield, information important in prehistory or history.

(b)

For purposes of this Chapter 1435, a structure or group of structures may not be deemed as having Historic Significance solely because it is:

(1)

A cemetery, birthplace, grave of a historical figure or a property owned by religious institutions or used for religious purposes, unless it is a religious property deriving primary significance from architectural or artistic distinction or historical importance; or

(2)

A structure that has been moved from its original location, is a reconstructed historic structure, is a property primarily commemorative in nature or a property that has been erected within the past 50 years, unless the structure or property is an integral part of a district that meets the above criteria or falls within one or more of the following categories:

(A)

A structure removed from its original location but that is significant primarily for architectural value or that is the surviving structure most importantly associated with a historic person or event; or

(B)

A birthplace or grave of a historical figure of outstanding importance if there is no other appropriate site or structure directly associated with the subject's productive life; or

(C)

A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or

(D)

A reconstructed structure when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan and when no other structure with the same association has survived; or

(E)

A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; or

(F)

A property achieving significance within the past 50 years if it is of exceptional importance or is unique within the city.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

Application for the consideration of the designation of a Historic District, Historic Landmark or a Historic Site may be made by the filing of a designation application, in such form as the Historic Conservation Board may prescribe, by the owner of the subject property or by the owner of a property within the area proposed to be designated, by Council or a member of Council, by the City Manager, by the Urban Conservator, by the City Planning Commission, or by a local community organization, including, but not limited to, preservation associations and community councils. No Historic Structure or Historic Site may be demolished or excavated during the pendency of a designation application, which commences upon the filing of a complete designation application.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

The procedure for the consideration of an application for the designation of a Historic Landmark, Historic District or Historic Site is as follows:

(a)

Report. Within sixty (60) days of the receipt of a completed designation application, the Urban Conservator has the duty to prepare and send to the Historic Conservation Board a report and proposed conservation guidelines for the Historic Landmark, Historic District or Historic Site and a proposed boundary map for any Historic District. For a proposed Historic District, the Urban Conservator shall prepare and send to the Historic Conservation Board a list of all structures within the proposed Historic District that the Urban Conservator considers to be Non-Contributing Structures. Not later than thirty (30) days after receipt of the Urban Conservator's report and proposed conservation guidelines, the Historic Conservation Board shall schedule a public hearing on the proposed designation.

(b)

Historic Conservation Board. After a public hearing on the proposed designation, the Historic Conservation Board has the duty to decide whether to recommend designation of the proposed Historic Landmark, Historic District or Historic Site and forward its decision, whether favorable or not, along with the proposed conservation guidelines to the City Planning Commission.

(c)

City Planning Commission. Within thirty (30) days of the transmittal of the decision and recommendation of the Historic Conservation Board, the City Planning Commission shall hold a public hearing to determine whether to follow the recommendation of the Historic Conservation Board. In making such determination, the City Planning Commission shall consider all of the following factors:

(1)

The relationship of the proposed designation to the comprehensive plans of the city and of the community in which the proposed Historic Landmark, Historic District or Historic Site is located; and

(2)

The effect of the proposed designation on the surrounding areas and economic development plans of the city; and

(3)

Such other planning and historic preservation considerations as may be relevant to the proposed designation.

After a public hearing on the proposed designation and conservation guidelines, the City Planning Commission has the duty to decide whether to approve or disapprove the designation and forward its decision, whether favorable or not, along with the conservation guidelines to Council.

(d)

Council. Upon receipt of the decision of the City Planning Commission, Council shall vote to ordain or overrule the City Planning Commission's decision. A simple majority of the members elected to Council is required to ordain a designation; provided, however, if the City Planning Commission disapproves the designation, a two-thirds majority vote of Council is required to overrule the City Planning Commission's decision.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

At the time of designation of a Historic Landmark, Historic District or Historic Site, Council has the duty to adopt conservation guidelines for each Historic Landmark, Historic District or Historic Site. Conservation guidelines shall promote the conservation, development and use of the Historic Landmark, Historic District or Historic Site and its special historic, architectural, community or aesthetic interest or value. Insofar as practicable, conservation guidelines shall promote redevelopment and revitalization of Historic Structures and compatible new development within the Historic District. The guidelines shall not limit new construction within a Historic District to a single period or architectural style but may seek to preserve the integrity of existing Historic Structures. Conservation guidelines shall take into account the impact of the designation of a Historic Landmark, Historic District or Historic Site on the residents of the affected area, the effect of the designation on the economic and social characteristics of the affected area, the projected impact of the designation on the budget of the city, as well as all of the factors listed in paragraph 1435-07-2-B(c) above. Conservation guidelines shall address Non-Contributing Structures. Approved conservation guidelines shall be published on the City's website and be made available for public inspection in the office of the Urban Conservator.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012; Emer. Ord. No. 141-2015, § 48, eff. July 1, 2015)

Upon enactment of a designation, the Clerk of Council has the duty to promptly notify the Historic Conservation Board, the City Planning Commission, the Director of City Planning, and the City Solicitor. The Urban Conservator has the duty to provide notice of such designation in the City Bulletin. Once designated, a Historic Landmark, Historic District or Historic Site shall be shown on the city's official zone map by the designation "HL," "HD" or "HS" appended to the underlying zone designation. A Historic Landmark, Historic District or Historic Site may be designated as an overlay on any other zoning district or combined with any other overlay district.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012; Emer. Ord. No. 141-2015, § 49, eff. July 1, 2015)

A designation may be repealed if the property owner petitions the Historic Conservation Board in writing setting forth clear and convincing evidence that the qualities which caused the Historic Landmark, Historic District or Historic Site to be originally designated have been lost or destroyed. Upon petition, the process for the repeal of a designation is the same as prescribed for designation as set forth in Sections 1435-07 above. The Historic Conservation Board shall consider the repeal of the designation of a Historic Landmark, Historic District or Historic Site that is lawfully demolished or destroyed at its next regularly scheduled meeting and shall act at that meeting to make a recommendation to the City Planning Commission, which shall consider the matter at its next regularly scheduled meeting. City Council shall then vote on the repeal of the designation at its next regularly scheduled meeting. Upon repeal of the designation, the associated conservation guidelines shall be null and void and of no further force or effect as to said Historic Landmark, Historic District or Historic Site. Upon the repeal of any designation, the city's official zone map shall be amended to remove the designation.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

The conservation guidelines for Historic Landmark or Historic Site may be amended if the property owner petitions the Historic Conservation Board in writing setting forth the justifications for the amendment and the proposed changes to the conservation guidelines. Amendment of the conservation guidelines for a Historic District may be initiated by the Historic Conservation Board. Once initiated, the process for the amendment of conservation guidelines is the same as prescribed for the adoption of conservation guidelines as set forth in Section 1435-07-02-B(b), (c) and (d) above.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

No one shall make an alteration or undertake a demolition, or receive any permit to do so, without first obtaining a Certificate of Appropriateness in accordance with this Section 1435-09. Pursuant to Section 1435-01-A1 above, alterations requiring a certificate of appropriateness shall include infill development in a Historic District.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

The following sets forth the procedures and standards for obtaining a Certificate of Appropriateness:

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

Applications for Certificates of Appropriateness shall be made on such forms and upon the payment of such fees as may be prescribed by the Historic Conservation Board from time to time. Each application shall be stamped with the time and date of its original receipt. Not later than ten (10) business days after receipt of an application, the applicant shall be notified by e-mail, if an e-mail address is provided, and if not, by regular mail, of any deficiencies in the application. An application shall be deemed perfected when all information required by the application form has been submitted and all fees are paid in full. Additional information may be requested from the applicant at any time prior to a hearing before the Historic Conservation Board. The effective date of the application, for all purposes, shall be the date that the application is perfected, and such date shall be clearly noted on the first page of the application. The applicant's address set forth on the application shall be the address used by the City for all purposes herein unless updated in writing to the Historic Conservation Board by the applicant. If the applicant fails to perfect an application after all applicable notice and cure periods have run, the application shall be deemed rejected.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012; Emer. Ord. No. 141-2015, § 50, eff. July 1, 2015)

The Historic Conservation Board has the duty to make a final appealable determination on a perfected application for Certificate of Appropriateness within a reasonable amount of time after the application is perfected, but in no event more than sixty (60) days thereof unless the applicant agrees to an extension of time or unless the Board requests additional information from the applicant and tables or continues the matter. A continued matter must be heard at the next regularly scheduled meeting of the Board. A tabled matter must be taken off the table and finally determined within thirty (30) days after the matter was tabled. The Board may approve, approve with conditions, or deny an application for Certificate of Appropriateness. The Board's determination on an application for Certificate of Appropriateness shall be made in writing on the Certificate of Appropriateness indicating the Board's approval, conditional approval, or denial of the application, and shall contain findings of fact and conclusions of law and shall be issued to the applicant by certified mail not later than ten (10) business days after the date of the Board's final appealable determination, and that writing shall constitute the final appealable order of the Board. Any denial of an application shall also include a statement of the reasons why the application failed to comply with the applicable guidelines. Failure to issue a Certificate of Appropriateness within such time period shall not invalidate the Board's determination, but shall extend the time for which the applicant has to appeal the Board's determination by one (1) day for each day the Certificate of Appropriateness is late.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012; Emer. Ord. No. 141-2015, § 51, eff. July 1, 2015)

The Historic Conservation Board may delegate to the Urban Conservator the authority to grant Certificates of Appropriateness within thirty (30) days of the filing of a perfected application without referral to the Historic Conservation Board and without a public hearing in the case of minor alterations of the type and scope that the Historic Conservation Board may from time to time specify in writing to the Urban Conservator. Notwithstanding anything to the contrary contained herein, the term "minor alterations" shall not include structural alterations or demolition. The Urban Conservator's determination shall be made in writing on the Certificate of Appropriateness indicating the Urban Conservator's approval, conditional approval, or denial of the application, and shall be issued by the Urban Conservator within the above 30-day period, and that writing shall constitute a final appealable order of the Board. If the Urban Conservator fails to issue the Certificate of Appropriateness by the last day of the prescribed time period, then the application shall be deemed approved as submitted. Notwithstanding the delegation of authority to the Urban Conservator described in this paragraph (c) the applicant may make written request that the Board consider the application notwithstanding the delegation of authority to the Urban Conservator.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

Within ten (10) days after the perfection date thereof, notice of all applications for Certificates of Appropriateness shall be sent to all city departments with authority over any aspect of the activities proposed, to all owners of properties located within two hundred feet (200') of all of the boundaries of the subject property, and to the community council in which the subject property is situated and to all abutting property owners. Such notice shall be by regular mail and electronic mail, if addresses have been provided or are otherwise readily available. The notice may include a time, date and place for a prehearing conference to be held by the Urban Conservator, to which the applicant, the property owner, and all interested city departments, and the aforementioned community council shall be invited. At such prehearing conference, the comments and recommendations of all interested city departments concerning their respective authority over the proposed improvements and their advice as to the appropriateness of the proposed improvements may be received and discussed with the applicant. No member of the Historic Conservation Board shall be present at any prehearing conference. All interested departments and civic organizations may promptly advise the Board in writing of their respective recommendations for approval, conditional approval, disapproval or modifications of the proposed improvements.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012; Emer. Ord. No. 141-2015, § 52, eff. July 1, 2015)

For all Certificates of Appropriateness that are to be considered by the Historic Conservation Board as set forth in paragraph (b) above, the Board has the duty to provide notice of its hearing on an application to be postmarked by the U.S. Postal Service at least seven (7) days in advance of the hearing. Such notice shall be by regular mail and electronic mail, if addresses have been provided or are otherwise readily available, sent to the applicant, all owners of abutting properties, all owners of properties located within two hundred feet (200') of all of the boundaries of the subject property, the community council in which the subject property is situated, and to any other person who have made written requests to be notified of applications. The Board has the duty to publish a notice of each such application for a Certificate of Appropriateness in the City Bulletin at least seven (7) days in advance of acting on the application.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

In accordance with Section 1435-09-1 above, the Historic Conservation Board has the duty to review and make a determination on all Certificates of Appropriateness in the manner prescribed herein for the purpose of furthering the conservation and integrity of the Historic Asset or Historic District affected. The Board may approve or approve with conditions an application for a Certificate of Appropriateness when it finds either:

(a)

That the property owner has demonstrated by credible evidence that the proposal substantially conforms to the applicable conservation guidelines; or

(b)

That the property owner has demonstrated by credible evidence that the property owner will suffer economic hardship if the certificate of appropriateness is not approved.

In determining whether the property owner has demonstrated an economic hardship for purposes of (b) above, the Historic Conservation Board shall consider all of the following factors:

(i)

Will all economically viable use of the property be deprived without approval of a Certificate of Appropriateness;

(ii)

Will the reasonable investment-backed expectations of the property owner be maintained without approval of a Certificate of Appropriateness; and

(iii)

Whether the economic hardship was created or exacerbated by the property owner.

In evaluating the above factors for economic hardship, the Historic Conservation Board may consider any or all of the following:

(aa)

A property's current level of economic return;

(bb)

Any listing of property for sale or rent, price asked, and offers received, if any, within the previous two years, including testimony and relevant documents;

(cc)

The feasibility of alternative uses for the property that could earn a reasonable economic return;

(dd)

Any evidence of self-created hardship through deliberate neglect or inadequate maintenance of the property;

(ee)

Knowledge of landmark designation or potential designation at time of acquisition; and/or

(ff)

Economic incentives and/or funding available to the applicant through federal, state, city, or private programs.

Whenever a Certificate of Appropriateness is required pursuant to the provisions of this chapter, the Director of Buildings and Inspections may not issue a building permit until a Certificate of Appropriateness has been approved or approved with conditions. In the event that the standards in this Section 1435-09-2 conflict with any standards set forth in any conservation guidelines, the standards set forth herein shall govern and control.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012; Emer. Ord. No. 141-2015, § 53, eff. July 1, 2015)

In addition to the provisions of Sections 1435-09-1 and 1435-09-2 above, if an application for a Certificate of Appropriateness seeks approval of demolition, the Historic Conservation Board may delay determination of the application for a period of 180 days on a finding that alternatives to Demolition may be feasible and should be actively pursued by both the applicant and the Historic Conservation Board. In the event that action on an application is delayed as provided herein, the Historic Conservation Board may take such steps as it deems necessary to preserve the Historic Asset concerned, in accordance with the purposes of this chapter and in accordance with Cincinnati Municipal Code Chapter 1101. Such steps may include but may not be limited to consultation with civic groups, public agencies and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one or more structures or other features. No demolition shall take place until permitted pursuant to the provisions of this chapter and the Cincinnati Building Code. Any unlawful demolition of a Historic Asset shall be punishable by the criminal and civil penalties set forth in Chapter 1451 below and the Cincinnati Municipal Code.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

The owner of a Historic Asset has the duty to provide sufficient maintenance and upkeep for such structure to ensure its perpetuation and to prevent its destruction by deterioration. The provisions of this Section 1435-09-4 shall be in accordance with Section 1451-11 below and Cincinnati Municipal Code Chapter 1101. Any failure to comply with this Section 1435-09-4 or Section 1451-11 below shall be an unlawful demolition which shall be punishable by the criminal and civil penalties set forth in the Cincinnati Municipal Code and Sections 1451-13 and 1451-15 below. The Urban Conservator shall maintain a list of Historic Assets that are deemed to be neglected and shall publish that list on the City's website annually.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012; Emer. Ord. No. 141-2015, § 54, eff. July 1, 2015)

Nothing in this chapter is to be construed to prevent or regulate:

(a)

Ordinary and routine maintenance or repair to a Historic Asset if it entails no alteration.

(b)

Emergency repairs to public property.

(c)

Emergency demolition, when the Chief Building Official and the Fire Chief certify in writing that demolition is required for the immediate preservation of public safety because of an unsafe or dangerous condition that constitutes an emergency. Such determination shall be made in accordance with Cincinnati Municipal Code Chapter 1101. In making a determination about whether to issue an emergency demolition permit, the Chief Building Official shall do all of the following: (i) consult with the Urban Conservator; (ii) review all permit applications for the property filed within a period of two (2) calendar years prior to the emergency; (iii) review City records to account for all City orders which have been placed upon the property during the period of ownership by the current owner; and (iv) review City records to determine whether a vacated building maintenance license has been applied for or issued for the property.

(d)

A Public Infrastructure improvement that Council has expressly approved or that is required to be installed or maintained by law.

For purposes of this Section 1435-09-5, the term "Public Infrastructure" shall mean any public utility line, street, roadway, or transit improvement or facility, signalization, directional or safety signage, streetscape, sidewalk or other public safety improvement, and shall not be deemed to include public buildings, parks, paver alleys, granite curbs, plazas or skywalks.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012; Emer. Ord. No. 141-2015, § 55, eff. July 1, 2015)

The following sets forth the relationship between overlay zoning districts and Historic Assets or Historic Districts located within or overlapping such overlay districts:

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

Whenever a Historic Asset or Historic District is located within or overlaps an Urban Design Overlay District, the provisions of this chapter control over any conflicting provisions of Chapter 1437 of the Cincinnati Zoning Code. In any such case the authority of the Zoning Hearing Examiner specified in Chapter 1437 is transferred to the Historic Conservation Board and all references to the examiner therein interpreted as references to the Historic Conservation Board. In such cases, the provisions of Chapter 1437, where not inconsistent with the provisions of this chapter, apply to the exercise of the authority prescribed therein.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

Whenever a Historic Asset or Historic District is located within or overlaps a Hillside Overlay District, the provisions of this chapter control over any conflicting provisions of Chapter 1433 of the Cincinnati Zoning Code. In any such case the authority of the Zoning Hearing Examiner specified in Chapter 1433 is transferred to the Historic Conservation Board and all references to the examiner therein interpreted as references to the Historic Conservation Board. In such cases, the provisions of Chapter 1433, where not inconsistent with the provisions of this chapter, apply to the exercise of the authority prescribed therein.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

Whenever a planned development district is located within or overlaps a Historic District or contains a Historic Landmark or Historic Site, the provisions of this Chapter 1435 and any applicable conservation guidelines shall apply and shall be fully incorporated in the final development plan for the planned development district. More specifically, the process for reviewing and issuing a certificate of appropriateness in a planned development district is as follows:

(a)

Concept Plan Approval Stage: The Urban Conservator shall review all concept plans submitted for the creation of new planned development districts located within or overlapping a Historic District or containing a Historic Landmark or Historic Site. Prior to the City Planning Commission's review of a concept plan, the Urban Conservator shall identify any and all necessary certificates of appropriateness in writing to the City Planning Commission. If no certificates of appropriateness are identifiable on the concept plan, then the Urban Conservator shall indicate as such in writing to the City Planning Commission. The City Planning Commission's approval of any such concept plan shall be expressly conditioned upon the approval of the certificates of appropriateness identified by the Urban Conservator as part of the final development plan.

(b)

Final Development Plan Approval Stage: The Historic Conservation Board shall review all final development plans submitted for the creation of a new planned development district located within or overlapping a Historic District or containing a Historic Landmark or Historic Site. Prior to the City Planning Commission's review of a final development plan, the Historic Conservation Board shall make written findings to the City Planning Commission about its approval, conditional approval, or denial of any certificates of appropriateness identified in (a) above, and for any additional certificates of appropriateness that it may identify that were not readily apparent from the concept plan. In reviewing a final development plan, the City Planning Commission may overrule the Historic Conservation Board's written findings by a two-thirds (2/3) majority vote of the City Planning Commission; which shall constitute a final order of the City Planning Commission appealable to the Zoning Board of Appeals pursuant to Section 1429-17 above.

(c)

Post Final Development Plan Approval: All certificates of appropriateness which may be required by this Chapter 1435 after the approval of a final development plan shall be reviewed and determined in accordance with Section 1435-09 above.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

Whenever a Historic District or Historic Asset is located within or overlaps the Downtown Development District, the provisions of this chapter control over any conflicting provisions of Chapter 1411 of the Cincinnati Zoning Code. In any such case the authority of the Zoning Hearing Examiner or the person or persons responsible for design review specified in Chapter 1411 is transferred to the Historic Conservation Board and all references to the examiner or the person or persons responsible for design review therein are interpreted as references to the Historic Conservation Board. In such cases, the provisions of Chapter 1411, where not inconsistent with the provisions of this chapter, apply to the exercise of the authority prescribed therein.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)